Deck 5: Freedom of Expression

Question 1

In general, the closer an Internet service provider (ISP) is to a pure service provider than to a content provider, the more likely that the Section 230 immunity of the Communications Decency Act (CDA) will apply.

Answer 1

True

Question 2

A strategic lawsuit against public participation (SLAPP) is typically without merit.

Answer 2

True

Question 3

An oral defamatory statement is libel.

Answer 3

False

Question 4

Anonymous political expression played an important role in the early formation of the United States.

Question 5

Anti-SLAPP laws can identify whether there are any merits to a lawsuit.

Question 6

Free-speech advocates believe that purchasing adult pornographic material is illegal and wrong even for consenting adults.

Question 7

A U.S. citizen who posts material on the Web that is illegal in a foreign country cannot be prosecuted in that country.

Question 8

The Children's Internet Protection Act (CIPA) was an attempt to protect children from accessing pornography and
other explicit material online.

Question 9

With dynamic content filtering, each Web site's content is evaluated immediately before it is displayed, using
techniques such as object analysis and image recognition.

Question 10

The Fifth Amendment protects American's rights to freedom of religion and freedom of expression.

Question 11

The goal of the Child Online Protection Act (COPA) was to protect children from harmful material on the World Wide Web, however, it was ruled unconstitutional.

Question 12

Messages whose primary purpose is to communicate information about a specific transaction are subject to the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act.

Question 13

Typically, Internet service providers (ISPs) have the resources to prescreen online content.

Question 14

The right to freedom of expression is restricted when the expressions, whether spoken or written, are untrue and cause harm to another person.

Question 15

Over the years, a number of federal, state, and local laws have been found unconstitutional because they violated one of the tenets of the First amendment.

Question 16

The Supreme Court has ruled that the Fifth Amendment protects the right to speak anonymously as part of the guarantee of free speech.

Question 17

Internet filters cannot block users from accessing useful information.

Question 18

With URL filtering, a particular URL or domain name is identified as an objectionable site and the user is not allowed access to it.

Question 19

Anonymity on the Internet is practically guaranteed.

Question 20

Each violation of the provisions of the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN- SPAM) Act can result in a fine of up to $250 for each unsolicited email, and fines can be tripled in certain cases.

Question 21

If an employee sees a coworker viewing porn on a workplace computer, the organization can be sued in a sexual harassment lawsuit.

Question 22

The Supreme Court has held that obscene speech and are not protected by the First Amendment and may be forbidden by the government.

A) audition
B) defamation
C) declamation
D) demarcation

Question 23

Pornography purveyors are free to produce and publish whatever they want; however, if what they distribute is judged obscene, they are subject to prosecution under the obscenity laws.

Question 24

Possession of child pornography is a federal offense punishable by up to years in prison.

A) two
B) five
C) seven
D) ten

Question 25

Proponents of the Children's Internet Protection Act (CIPA) contended that shielding children from drugs, hate, pornography, and other topics is a sufficient reason to justify .

A) Internet filters
B) spams
C) compression
D) encryption

Question 26

Private schools may prohibit students, instructors, and other employees from engaging in offensive speech.

Question 27

The Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act can be used in the fight against the dissemination of pornography.

Question 28

The Communications Decency Act was aimed at protecting children from pornography, but it was found unconstitutional.

Question 29

The Bill of Rights provides protection for the expression of minority views including speech that is unpopular or highly offensive to a majority of people.

Question 30

is an absolute defense against a charge of defamation.

A) Libel
B) Slander
C) The First Amendment
D) Truth

Question 31

Although people have the right to express opinions, they must exercise care in their Internet communications to avoid possible charges of .

A) Internet censorship
B) doxing
C) declamation
D) defamation

Question 32

Which of the following can provide a virtually untraceable level of anonymity to email messages?

A) Relay servers
B) Podcasts
C) Web mail servers
D) Remailers

Question 33

is a strategy employed by corporations, government officials, and others against citizens and community groups who oppose them on matters of public interest.

A) A John Doe lawsuit
B) A SLAPP
C) Internet censorship
D) Anonymous expression

Question 34

The plaintiff in a strategic lawsuit against public participation (SLAPP) can present themselves to the court admitting that their intent is to censor their critics.

Question 35

A defining moment in the history of freedom of the press in the United States came in 1735 when jurors refused to convict for seditious libel.

A) George Washington
B) Ben Franklin
C) Paul Revere
D) John Zenger

Question 36

An approach to restricting access to Web sites is to subscribe to an Internet service provider (ISP) that performs the blocking.

Question 37

Most countries other than the United States do not provide constitutional protection for hate speech.

Question 38

Miller v. is the Supreme Court case that established a test to determine if material is obscene and therefore not protected by the First Amendment.

A) Brown
B) California
C) Stern
D) Texas

Question 39

Section 230 of the provides immunity to an Internet service provider (ISP) that publishes user-generated content, as long as its actions do not rise to the level of a content provider.

A) Online Protection Act
B) Online Privacy Protection Act
C) Internet Freedom and Nondiscrimination Act
D) Communications Decency Act

Question 40

Anti-SLAPP laws are designed to protect children from pornography.

Question 41

Which of the following can be used against an anonymous defendant to reveal truths about the defendant's identity?

A) Internet censorship
B) A John Doe lawsuit
C) Hate speech
D) An anti-SLAPP law

Question 42

Despite the importance of in early America, it took nearly 200 years for the Supreme Court to render rulings that addressed it as an aspect of the Bill of Rights.

A) privacy
B) freedom
C) anonymity
D) rights

Question 43

If an employee sees a coworker viewing porn on a workplace computer, that employee may be able to claim that the company has .

A) encouraged defamation of the character of its employees
B) engaged in racial discrimination
C) violated the employee's First Amendment rights
D) created a hostile work environment

Question 44

involves the examination of Internet records in an attempt to reveal the identity of an anonymous poster.

A) Remailing
B) Doxing
C) Slandering
D) Libeling

Question 45

In the United States, speech that is merely annoying, critical, demeaning, or offensive enjoys protection under the???__ Amendment.

A) First
B) Second
C) Fourth
D) Fifth

Question 46

allows people to state their opinions without revealing their identity.

A) Defamation
B) Anonymous expression
C) Libel
D) A John Doe lawsuit

Question 47

A survey by the Nielsen found that of the workforce accessed pornography from their workplace computer.

A) less than 15 percent
B) 29 percent
C) 50 percent
D) nearly 75 percent

Question 48

Which of the following statements is true of Children's Internet Protection Act (CIPA)?

A) In case of CIPA, Congress specifically defined what content or Web sites should be forbidden and the measures to be used.
B) CIPA requires the tracking of Internet use by minors or adults.
C) In June 2004, the Supreme Court ruling in the case of Ashcroft v. American Civil Liberties Union made it clear that CIPA was unconstitutional.
D) CIPA requires federally financed schools to use some form of technological protection to block computer access to obscene material.

Question 49

Which of the following statements best describes the reason why social networking companies cannot be sued for defamation for user postings that appear on their sites?

A) The Communications Decency Act (CDA) uses a vague definition of indecency.
B) The Communications Decency Act (CDA) is not applicable to social networking sites.
C) Section 230 of the Communications Decency Act (CDA) is not considered unconstitutional.
D) Section 230 of the Communications Decency Act (CDA) does not provide immunity to an Internet service provider (ISP).

Question 50

Which of the following statements is true of Communications Decency Act (CDA)?

A) Title V of the CDA was the Telecommunications Act, aimed at protecting children from pornography.
B) The CDA imposed a $150,000 fine and a prison term of up to five years for the transmission of "indecent" material over the Internet.
C) The problem with the CDA was its broad language and vague definition of "indecency," a standard that was left to individual communities to determine.
D) In June 2004, the ruling by the Supreme Court in the case of Ashcroft v. American Civil Liberties Union made it clear that CDA was unconstitutional.

Question 51

The California State Court in Pre-Paid Legal v. Sturtz et al. set a legal precedent that refined the criteria courts apply to .

A) subpoenas requesting the identity of anonymous Web posters
B) determination of obscene material
C) Internet filtering within public libraries
D) identification of hate speech

Question 52

has the largest online population in the world and also perhaps the most rigorous Internet censorship.

A) United States
B) India
C) Japan
D) China

Question 53

Violation of the can cause a school or public library to lose funding to help pay for its Internet connections.

A) Child Online Protection Act (COPA)
B) Children's Internet Protection Act (CIPA)
C) Children's Online Privacy Protection Act (COPPA)
D) Communications Decency Act (CDA)

Question 54

Although they may implement a speech code, are legally considered agents of the government and therefore must follow the First Amendment's prohibition against speech restrictions based on content or viewpoint.

A) religious institutions
B) public schools and universities
C) Internet service providers
D) communications providers

Question 55

Proponents of the Children's Internet Protection Act (CIPA) argued that:

A) schools can define what sites to block.
B) Internet filters are highly flexible and customizable.
C) the motives of private software companies who develop the Internet filters are clear.
D) CIPA transfers power to education over private software companies who develop the Internet filters.

Question 56

is the control or suppression of the publishing or accessing of information on the Internet.

A) Internet filtering
B) Anonymous expression
C) Internet censorship
D) Slander

Question 57

U.S. laws do not allow a person to be for engaging in an activity protected by the U.S. Constitution, even if the activity violates the criminal laws of another country.

A) imprisoned
B) sued
C) extradited
D) judged

Question 58

A(n) is software that can be installed with a Web browser to block access to certain Web sites that contain inappropriate or offensive material.

A) Internet filter
B) router
C) bridge
D) Web modem

Question 59

The became law in 1996. Its purpose was to allow freer competition among phone, cable, and TV companies.

A) Telecommunications Act
B) Telecommunications Deregulation and Reform Act
C) Child Online Protection Act
D) Communications Opportunity, Promotion and Enhancement Bill

Question 60

An oral defamatory statement is called .

A) libel
B) hate speech
C) slander
D) exaggeration

Question 61

uses terms or phrases-such as sex, Satan, and gambling-to trigger the blocking of Web sites.

Question 62

One of the key requirements of the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN- SPAM) Act is that an email must be identified as a(n) and include a valid physical postal address for the sender.

Question 63

Persistent or malicious harassment aimed at a specific person is known as .

Question 64

The on each packet of a message can identify where the email originated from and who sent it.

Question 65

Because prohibitions against hate speech are included in the between a private ISP and its subscribers, and
do no involve the federal government, they do not violate the subscriber's First Amendment rights.

Question 66

The best Internet filters use a combination of URL, , and dynamic content filtering.

Question 67

Access via the enables pornography consumers to avoid offending others or being embarrassed by others observing their purchases.

Question 68

By filing a , companies gain immediate subpoena power to identify information on anonymous online postings.

Question 69

Its broad accessibility, open discussions, and anonymity make the a powerful communications medium.

Question 70

The key question in deciding what Internet material is obscene is: "Whose standards are used?"

Question 71

A U.S. citizen who posts material on the Web that is illegal in a foreign country can be prosecuted if he subjects himself to the of that country.

Question 72

Implementing the in libraries is difficult because their services are open to people of all ages, including adults who have First Amendment rights to access a broader range of Internet materials than are allowed under the Act.

Question 73

The is charged with enforcing the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act, and the agency maintains a consumer complaint database relating to the law.

Question 74

Making an oral or a written statement of alleged fact that is false and that harms another person is .

Question 75

A written defamatory statement is called .

Question 76

In June 2004, the Supreme Court ruled in Ashcroft v. American Civil Liberties Union that the _____ was unconstitutional.

Question 77

The Amendment to the U.S. Constitution protects Americans' rights to freedom of religion and freedom of
expression.

Question 78

Opponents of the feared that it transferred power over education to private software companies who developed the Internet filters and defined which sites to block.

Question 79

The goal of the was to protect children from pornography, and if the act had been judged constitutional, it would have opened all aspects of Internet content to legal scrutiny.

Question 80

Some Internet users would like to ban Web because they think that its use increases the risks of defamation, fraud, libel, and exploitation of children.